TERMS OF SERVICE
Last Updated on July 8, 2016.
Acceptance. This website (“website” or “Site”) is operated by the Bateman Horne Center. Throughout the site, the terms “we”, “us” and “our” refer to the Bateman Horne Center (BHC). BHC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance without modification of all terms, conditions, policies and notices stated here.
Your use of the BHC Website and Service is entirely voluntary. By visiting our site and/ or accessing products or services from us, you engage in our “Service” and agree to be bound by the following terms and conditions (hereinafter referred to as “Terms of Service”, or “Service”), including those additional terms and conditions and policies referenced herein and/or made available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. You may discontinue your participation in the Service at any time.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service.
YOUR PARTICIPATION IN THE SERVICE, PURCHASE OF ANY PRODUCTS OR SERVICES OR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SERVICE, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO ENTER INTO THIS AGREEMENT, THEN DO NOT REGISTER FOR, DOWNLOAD, ACCESS OR USE THE SERVICE. COMPLETING OUR REGISTRATION PROCESS VIA OUR WEBSITE OR OTHERWISE ACCESSING OR USING ALL OR ANY PART OF THE SERVICE WILL CONSTITUTE ACCEPTANCE OF, AND CREATE A LEGALLY ENFORCEABLE CONTRACT UNDER WHICH YOU AGREE TO BE BOUND BY, ALL OF THESE TERMS OF SERVICE, WITHOUT MODIFICATION.
Updates. You can review the most current version of the Terms of Service at any time on this page. Any new features or tools which are added to the current website shall also be subject to the Terms of Service. BHC reserves the right, at its sole discretion, to update, modify or replace the Terms of Service (including any Policy), in whole or in part, at any time. BHC will use reasonable efforts to notify you of any material change in advance of the effective date of any change. Change notices may be communicated by postings on this website, e-mail or otherwise. In any case, you should periodically check the Policies and other Terms of Service for changes. Continued access or use of the Service following any change to the Terms of Service constitutes your acceptance of those changes. The Terms of Service may not otherwise be amended, as they apply to you, except by a written agreement executed by you and BHC.
Eligibility. The Service is intended by BHC to be made available only to individuals who (a) are at least 18 years old, or (b) are at least 13 years old and who have the express written permission of their parent or guardian to use the Site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
General Provisions. Your rights and obligations under the Terms of Service are personal to you, and are not assignable, transferable or sub-licensable by you except with BHC’s prior written consent. BHC may subcontract, delegate, assign or otherwise transfer any or all of its rights, licenses and obligations hereunder without your consent. All waivers, consents and modifications must be in writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of the Service or Terms of Service, and neither party has any authority of any kind to bind the other in any respect. All notices under these Terms of Service will be in writing, in English and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail or express courier, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail.
We reserve the right to modify, suspend, terminate or simply refuse to provide the Service (including without limitation, the Site), in whole or in part, at any time in its sole discretion. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
By agreeing to these Terms of Service, you agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
Access and Registration. Although you may be able to visit the BHC website without registering, you will not be able to order any products or access or use any valuable aspect of the Service.
The Service may currently be accessed by visiting the website.
To ensure the integrity of the Service, you must complete an account registration process and provide BHC with current, complete and accurate information, as more specifically required by then current registration procedures and operational prompts. By way of illustration and not limitation, you may be required to provide the following information in order to establish your account and register for and use the Service: name, address, telephone number, e-mail address, username, password, date of birth, ethnicity, gender and certain preferences and permissions. If you use the website or Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are 13 or younger, you may use the Services only with the written consent of a parent or guardian.
BHC reserves the right to refuse your registration for the Service, terminate your account, remove or edit content, or cancel orders in its sole discretion. Upon acceptance, BHC will activate the access credentials for your account. You are solely responsible for maintaining the confidentiality of your access credentials and other account information, and you will be solely liable for any and all activities under your account. You agree to notify BHC immediately of any unauthorized use of your user account or any other breach of security related to the Service.
Accuracy, Completeness and Timeliness of Information. We are not responsible if information made available on our website or through the Service is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. By agreeing to these Terms of Service, you understand that any reliance on the material on this site is at your own risk.
Modifications to The Service We reserve the right to modify the contents of this Site, modify or discontinue the Service (or any part or content thereof) without notice at any time. We have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Products or Services. Certain products or services may be available exclusively online through the website. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at BHC’s sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Accuracy of Billing and Account Information. You agree to provide current, complete and accurate purchase and account information for all purchases made. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Service Data and Analytics. The Service collects, stores, processes and analyzes Service Data and produces Analytics. Accordingly, whenever you interact with the Service, a variety of technologies are employed to automatically or passively collect Service Data.
The term Service Data means all data and information that are provided by you during registration and subsequent use of the Service and all other data and information about you that are otherwise discerned or collected by BHC based on your access and use of the Service. For clarity, Service Data may include, but is not limited to: Personal Data; browser or device type; operating system; time of day; identification of Site views; use of particular Service features; geographic location.
The term Analytics means user profiles and statistics, metrics, abstractions and other analyses that are based on or derived from the Service, Service Data or your use of the Service (including without limitation, measurements of Service usage and performance), which are developed in a manner that does not disclose the identity of the user (such as, in the aggregate with other data, results and measurements) and that does not disclose any specific Service Data (unless in aggregated or de-identified form).
You hereby authorize BHC to use your Service Data and to use Analytics in the manner and for the purposes described in these Terms of Service, including without limitation: to use Service Data to communicate with you; to access, record, collect, copy, store, process, analyze and use Service Data to provide the Service; to develop, improve, extend and test the Service (and underlying technology platforms); to design, develop and produce Analytics; to market and promote BHC and the Service using Analytics; and to disclose, distribute and transmit Service Data and/or Analytics to research institutions.
Optional Tools. We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Third Party Links. Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Prohibited Uses. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Disclaimer Of Warranties And Limitation Of Liability.
BHC SERVICE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY BHC ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BHC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF BHC SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH BHC SERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BHC WEBSITE AND SERVICE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BHC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BHC DOES NOT WARRANT THAT THE SERVICE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, BHC’s SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM BHC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BHC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY BHC SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY BHC SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Indemnification. You agree to indemnify, defend and hold harmless BHC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. In addition, BHC reserves the right to assume the exclusive defense and control of any matter subject to the foregoing indemnity, in which event you will assist and cooperate with BHC in asserting any available defenses.
International Use. The Service originates in the United States, and is subject to United States export laws and regulations. BHC Site or Service, or any Analytics and Service Data may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the BHC Site or Service may be subject to the import and export laws of other countries. You hereby expressly consent to the transmission, collection, storage, processing and use of the Analytics and your Service Data within, from and to the United States, in addition to the country where you are located (if not the United States). BHC makes no representation that the Service is accessible, appropriate or legally available for use in locations outside the United States, and accessing and using the Service is prohibited from territories where doing so would be illegal. If you access or use the Service from other locations, then you do so at your own initiative and risk and are solely responsible for compliance with local laws.
Copyright Compliance and Trademark Notices.
Trademarks. BHC is the trademark of the Bateman Horne Center. The names and logos of companies, products or services mentioned at the Site may be the trademarks or service marks of their respective owners, and shall not be deemed to create any endorsement or association between BHC and such owners. All rights not expressly granted herein are reserved.
Copyright Compliance. This website, including the Service and all images, audio, video and related informational materials in any medium available on the Site or the Service are the property of or are licensed to BHC and are protected by US and international copyright laws, trade dress, trademark, moral rights, and other intellectual property rights. Except as specifically agreed by BHC, no portion or element of the Site or the Service may be copied or retransmitted via any means and all rights shall remain the exclusive property of BHC. You may, however, download one copy of the content for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices.
If you believe that information or materials on the Site or Service, infringe on your copyright, you or your agent may send us a notice, in accordance with the requirements set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"), requesting that we remove or block access to the claimed infringing material. If you believe that someone has wrongfully filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See www.copyright.gov. Notices and counter-notices should be sent to:
Bateman Horne Center
1002 E South Temple Street, Suite 408
Salt Lake City, UT 84102
e-mail: [email protected]
Severability. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Entire Agreement. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Governing Law. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Utah, United States.
Contact Us. If you have any questions regarding the Terms of Service or your dealings with the Service, please contact us at [email protected] or contact us at:
Bateman Horne Center
1002 E South Temple Street, Suite 408
Salt Lake City, UT 84102
e-mail: [email protected]